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Step 1: Service Agreement (v1.6)
This service agreement is between you, the Chick-fil-A franchised Restaurant Operator, and Foundry Local, Inc. Throughout this agreement, the term "you" and "your" refers to the Operator agreeing to this service agreement. "We", "our" and "us" refers to Foundry Local, Inc. "Foundry Local, Inc." refers to Foundry Local, Inc., or its affiliates and subsidiaries. "Chick-fil-A, Inc." refers to Chick-fil-A, Inc., or its affiliates and subsidiaries. We may modify these Terms at any time so be sure to check back regularly. By continuing to use the service after these Terms have changed, you indicate your agreement to the revised Terms.
A. What is the Operator Website Service?
The Operator Website Service provides a website and online tools to help you promote your restaurant. With the service, you can manage various kinds of content on your website via an easy-to-use web-based administrative tool, subject to Chick-fil-A, Inc.'s trademark and brand guidelines.
The service has been designed to be easy to use, and online help and support tools are available within the online administrative dashboard.
B. Service Fees and Terms
The Operator Website Service agreement is between you, the Operator, and Foundry Local, Inc. By completing the sign-up process, you are agreeing to pay an annual service fee of $1,195 to us for the service.
Upon activation of your website, you will be emailed an invoice for $1,195 to be paid by credit card 30 days net. If payment is not received within 30 days of receipt of invoice, your Operator Website Service may be turned off until payment is received.
This service agreement shall be in effect for one year (365 days) from the date your Operator Website Service goes live (the "Initial Service Term"). The Initial Service Term may be renewed for additional one-year (365 days) periods by payment of the annual service fee (each a "Renewal Service Term," and collectively with the Initial Service Term, the "Service Term"). At least thirty (30) days prior to the expiration of the Service Term, Foundry Local will send you an invoice for the next Service Term. You may renew this Service Agreement by paying the annual service fee within thirty (30) days of receipt of this invoice. If payment is not received within forty-five (45) days of receipt of invoice, your Operator Website Service may be turned off until payment is received.
If you relocate and establish a new franchised Chick-fil-A Restaurant business, your Operator Website Service goes with you. We will turn off the site for your previous franchised Restaurant and launch a new one for your new franchised Restaurant. There is no fee for such a transfer.
Should your Operator Agreement terminate, or you choose to no longer have the Operator Website Service before your one-year service has expired, we will simply turn off your service. In such situations, no portion of your service fee will be refunded.
We reserve the right to modify the service at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to change the amount of the Operator Website Service fee term length or frequency of billing in the future.
C. Proprietary Rights
The content and features in your Operator Website Service are only available as long as you maintain an active service agreement and you are an authorized Chick-fil-A Operator. If you leave the Chick-fil-A system or cancel or do not renew your service agreement, you will no longer have access to any content or features that were offered under the service. We recommend that you maintain backup copies of customer data and any unique text or photos that you choose to post on your website.
We own all legal right, title and interest in the Operator Website Service and technology platform, including any associated intellectual property. This includes all code, designs, concepts, functionality, features, and ideas associated with the service and platform. Reproducing or reselling the Operator Website Service and/or technology for any purposes is prohibited. Reverse engineering, copying, disassembling, or otherwise attempting to derive the source code of the platform's software is also prohibited.
All Chick-fil-A marks and other intellectual property featured or displayed through the Operator Website Service are and remain the property of CFA Properties, Inc. Your use and display of Chick-fil-A marks and other intellectual property are subject to the license and other terms contained in your Operator Agreement with Chick-fil-A, Inc.
We reserve the right to make changes to features and capabilities within the Operator Website Service as well as our methods of customer support, and/or to offer a similar service to any company or individual. This contract is fully assignable and transferrable by Foundry Local, LLC.
D. Technology Maintenance
The application and its supporting servers may occasionally require maintenance, bug fixes or enhanced functionality updates. Temporary downtime may be required during such updates. We are not responsible for any unforeseen negative consequences arising from the Operator Website Service experiencing technical issues or being temporarily offline.
E. Your Passwords and Account Security
You are responsible for maintaining the confidentiality of passwords associated with your Operator Website Service's administrative functionality. You will be solely responsible for all management activities that occur from your administrative account.
F. Content Management
It is your responsibility to ensure that the content within your Operator Website or in communications sent using the email marketing tool is kept up to date.
You agree that you are solely responsible for any edited, original or customizable content that you upload, its accuracy, or for the consequences of uploading it. Neither Foundry Local, Inc. nor Chick-fil-A, Inc. are responsible for edited, original or customizable text content, promotional assets, or images you upload to your Operator Website. This includes but is not limited to event information, offers, promotions, menu, nutrition data, and location information. It also applies to the content contained in any email that you send using the Operator Website Service.
We reserve the right to refuse or remove any content uploaded by an Operator that is in violation of Chick-fil-A's trademark or brand guidelines or your obligations under your Operator Agreement with Chick-fil-A, Inc. We reserve the right to turn-off your Operator Website Service without any refund of any portion of the service fee upon violation of Chick-fil-A's trademark or brand guidelines or your obligations under your Operator Agreement with Chick-fil-A, Inc.
The Operator Website Service may not be used for any unlawful, infringing, defamatory or fraudulent purposes.
G. Customer Data
You must agree to abide by Chick-fil-A, Inc.'s then-current model Privacy Policy and Legal Notice for Operator's use; provided, however, neither Foundry Local, Inc. nor Chick-fil-A, Inc. have any responsibility to determine whether the Privacy Policy and Legal Notice are sufficient to protect you. You should consult with your attorney, if you deem it advisable, to make sure that the model Privacy Policy and Legal Notice are sufficient for your intended use.
Customer data collected through your mailing list sign-up form or stored within our system must be used responsibly and in accordance with the then-current Chick-fil-A corporate and brand guidelines. When an individual chooses to unsubscribe from your mailing list and we receive a notice of same, we will remove their information from your Operator Website Service customer database. If you download your customer database list for any use outside of the email marketing tool, it is your responsibility to ensure that you have downloaded an updated customer data list prior to any intended use thereof.
Neither Foundry Local, Inc. nor Chick-fil-A, Inc. are responsible for the customized content in any emails sent by you or your Restaurant or for how customer data captured or stored through the Operator Website Service is used outside of the service.
H. Liability Limitations
Neither Foundry Local, Inc. nor Chick-fil-A, Inc. are liable for any loss or damage that may be incurred by you as the result of your use of the Operator Website Service, your online behavior or actual privacy or ADA compliance policies. Likewise, such parties are not liable for or any loss, unauthorized use, unintended breach of data, deletion or corruption of text content, offers, ads, photos, or customer data. This service and all content that it displays has been built solely for use within the United States.
Neither Foundry Local, Inc. nor Chick-fil-A, Inc. make any guarantees or warranties regarding the marketing success of the Operator Website Service.
I. Miscellaneous
The Operator Websites Service has been built to be compatible with the most widely used web browsers on the PC and Macintosh platforms.
This service agreement does not currently include any of the following:
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Custom design work
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Custom photography
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Web pages outside of the current configuration of the platform
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Redirection of your purchased domain names
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Promotion of your website
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Email mailboxes
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Search engine optimization
Step 2: Brand Guidelines
Regarding use of Chick-fil-A brand imagery and assets, you agree to:
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Follow all standards and guidelines in the current Graphics & Logos Standard Manual as found on @CFA.
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Use only approved food and cow images / sayings. Approved images can be found on @CFA.
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Any custom-created graphics, images, renderings, taglines, etc. must be approved in advance by corporate marketing.
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Any images that show or involve people must have signed consent forms from each person before they are posted on a website. Suggested consent forms can be found on @CFA.
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All content must adhere to Chick-fil-A's "Commitment to Hospitality" or any then-current standards and guidelines as provided to you by Chick-fil-A, Inc.
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All content, online behavior and actual Privacy Policies must comply with Chick-fil-A's then-current Legal Notice and Privacy Policy as adopted by the Operator.
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Operators may not disseminate or sell any customer information collected by or through their Operator Website.
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All content, online behavior and actual practices must comply with your obligations under the Operator Agreement.
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Any violation of brand guidelines constitutes a breach of the Operator Agreement and constitutes grounds for removal of the offending content and/or termination of the Operator Agreement.
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The Operator's duty to indemnify and hold Chick-fil-A, Inc. harmless under the Operator Agreement, extends to Foundry Local, LLC, the Operator's website, online behavior, and actual privacy policies.
Step 3: Agreement
You can save or print a copy of this service agreement for your files.
How did you learn about the benefits of the Operator Website service?